Official Rules: AirCheck G2 Trade-Up Program | NETSCOUT

The AirCheck G2 rebate program was updated on December 19th, 2017.

Official Rules:  AirCheck G2 Trade-Up Program

1.  Agreement to Official Rules: These Official Rules set forth the terms and conditions governing the NetScout AirCheck G2 Trade-Up Program (the “Program”) and participation in such Program.  The Program will be valid in the Program Period unless terminated earlier by NetScout in its sole discretion and as permitted by law. NetScout will provide the gifts as detailed below to Eligible Participants who fulfil the requirements.  By participating in this Program, each Eligible Participant warrants that he/she fully and unconditionally agrees to and accepts these Official Rules, which are final and binding. Receiving the Gift is contingent upon fulfilling all Program Requirements set forth herein.

2.  Eligible Participants: An Eligible Participant is an individual aged 18 years or older who is not an employee of NetScout, its distributors or its resellers.  Employees or officials of any domestic or foreign government (including federal, state and local branches), government controlled entity, political party or public international organizations are not eligible to participate. By participating in this Program, each Eligible Participant warrants that he or she has obtained any required consents from his/her employer to participate and that his/her participation in the Program and receipt of any Gift under this Program does not violate (a) any applicable laws or (b) the policies or procedures of the Eligible Participant’s employer. 

3.  Program Period: October 1, 2017 – December 22, 2017

4.  Program: Participants who purchase an AirCheck G2 (AIRCHECK-G2, ACKG2-LRAT2000, AIRCHECK-G2-KIT, AIRCHECKG2-TA-KIT, or AIRCHECK-G2-KIT/GLD)  (“Qualifying Purchase”) during the Program Period and who meet the Program Requirements will receive a $350 rebate check written to the purchasing company (“Gift”).  The Eligible Participant does not have the ability to exchange the Gift for cash, credit or any other gift.

5.  Program Requirements: Eligible Participants must submit, and NetScout must receive, the following within 30 days following the conclusion of the Program Period in order to be eligible for the Gift (i) a completed NetScout rebate form, (ii) proof of a Qualifying Purchase, and (iii) a completed NetScout AirCheck ownership certificate with corresponding copy of original purchase or product photo.

6.  Conditions of the Program: This Program is only available in the United States, Puerto Rico, and Canada.  All Eligible Participant(s) participating in the Program are subject these Official Rules.  In the event that the operation, security, or administration of the Program is impaired in any way for any reason, NetScout may, in its sole discretion suspend or end the Program, or disqualify any individual it finds to be tampering with the process or the operation of the Program or to be acting in violation of these Official Rules. This promotion may not be used or combined with any other promotional offer from NetScout or its distribution partners.  All federal, state and local laws and regulations apply and this Program is void where prohibited by law.  All Eligible Participants are solely responsible for all federal, state and local taxes, fees, assessments, charges, license, title, registration, and assessments associated with the Gift.

7.  NO WARRANTY. THIS PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETSCOUT DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

8.  Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NETSCOUT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS PROGRAM OR AGREEMENT, INCLUDING LOST PROFITS, COST OF CAPITAL, COST OF SUBSTITUTE FACILITIES OR EQUIPMENT, DOWNTIME COSTS OR CLAIMS, WHETHER OR NOT NETSCOUT HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NETSCOUT’S LIABILITY HEREUNDER, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY), EXCEED $1000.00. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9.  General. NetScout reserves all rights, including the right to modify the Program or the Gift or these Official Rules. If any provision of these Official Rules is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid. In the case of any dispute, NetScout’s decision shall be final. This Program and these Official Rules are governed by and construed under the laws of the State of Massachusetts without regard to the conflicts of law provisions thereof.